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Hidden 'Time' Bombs in White-Collar Criminal Matters
Statutes of limitations establish time limits for the government to prosecute crimes. The clock usually starts ticking as soon as an offense is complete. These statutory deadlines have been a cornerstone of American criminal law since the time of the Founders. Their purpose, as the U.S. Supreme Court has explained, is “to protect individuals from having to defend themselves against charges when the basic facts may have become obscured by the passage of time and to minimize the danger of official punishment because of acts in the fardistant past.” Toussie v. United States, 397 U.S. 112, 11415 (1970). Statutes of limitations thus provide an important check on prosecutorial delay and unfairness.
Unfortunately, what was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners. A recent wire fraud prosecution in the U.S. District Court for the Northern District of California is a prime example of how the government may lie in wait before launching hidden “time” bombs to lengthen the applicable limitations period. The case raises important issues regarding the government's good faith in its use of the tools Congress has provided to extend applicable deadlines.
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